(a) whether a less number of Judicial Officers of various States are
working in Supreme Court, High Court and Central Government on deputation basis:
(b) if so, the details thereof;
(c) whether the Government proposes to create a separate cadre of Judicial
Service on the pattern of I.A.S., I.P.S. and other allied services in the country; and
(d) if so, the details thereof and if not, the reasons therefor?
MINISTER OF LAW & JUSTICE (DR. ASHWANI KUMAR)
(a) & (b) : Under Article 235 of the Constitution of India, the
administrative control over the members of district and subordinate judiciary
in the States vests with the respective High Court. Further, in exercise of
powers conferred under proviso to Article 309 read with Articles 233 and 234
of the Constitution, the respective State Government frames the Rules and
Regulations in consultation with the High Court. The members of the State
Judicial Service are governed by them.The issues of appointment, promotion,
deputation etc. of judicial officers in the district/subordinate courts are
decided by the respective State Government under the Rules and Regulations.
The information relating to deputation of Judicial Officers from various States,
is not maintained by the Central Government.
(c) & (d) : The creation of All India Judicial Service has been recommended
as far back as 1958 by the Law Commission of India in its 14th Report (1958),
in the 77th Report (1978) and 116th Report (1986). The Supreme Court of India
has vide its judgment of 13.11.1991 in the matter of All India Judges Association
versus Union of India and others also recommended for setting up All India
Judicial Service, which they again reiterated later in their judgment of
24.11.1993 in the same case. The issue has also been considered and recommended
by the First National Judicial Pay Commission (FNJPC). The Committee on
Centre-State Relations has also recommended creation of AIJS in 2010. Several
concerned bodies and organizations, judicial and legislative Committees of the
Parliament have also recommended setting up of an AIJS.
A comprehensive proposal has been formulated for constitution of All India
Judicial Service (AIJS). The proposal has been considered and approved by
Committee of Secretaries in its meeting held on 05th November, 2012. It will
next be placed before the competent authority for approval.